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California Gov & Administrative Law Questions & Answers
1 Answer | Asked in Civil Rights and Gov & Administrative Law for California on
Q: What legal actions can be taken against a doc that removed a grievance form from my personal file

I filed request form, then grievance form, then grievance appeal form while in custody.

After release went to county clerks office to get copies of particular case copies and the grievance form was not in the system, but grievance response was present

Louis George Fazzi
Louis George Fazzi
answered on Nov 18, 2022

You have provided insufficient information which would permit a reasonable response to your inquiry. I would like to see a lot more detail, for example, the who, when, where, how and why of the events so I could get an idea of what the issue is. Ideally, you should provide a chronological... Read more »

1 Answer | Asked in Family Law, Civil Rights and Gov & Administrative Law for California on
Q: If im 19 and want to move out to another town can my parents legally stop me
Louis George Fazzi
Louis George Fazzi
answered on Nov 9, 2022

No. You are an adult now. But be careful to think through the consequences of your actions.

1 Answer | Asked in Civil Rights, Gov & Administrative Law and Small Claims for California on
Q: What can I do if tow yard sold my car because the DMV incorrectly told me I could not oppose lien that was not filed.

I was unlawfully towed from private property and could not afford to pay for release and go to small claims. The DMV told me i could not oppose a lien because no lien had been filed and all i could do was a curtesy stop request that involved getting a court date and suing the DMV. I spoke to them... Read more »

Louis George Fazzi
Louis George Fazzi
answered on Oct 22, 2022

There is no easy solution to your problem.

You need to contact a lawyer who can advise you what to do.

Prepare a detailed chronology of the events as they happened. Name all the witnesses, and make copies of all the documents relating to what happened. Then take these materials to...
Read more »

1 Answer | Asked in Insurance Bad Faith and Gov & Administrative Law for California on
Q: How are fences destroyed by wildfire covered under CA law regarding fences?

We lost our home in the Tubbs Fire on 10/09/17 in Santa Rosa, CA. Still dealing with Nationwide. They are saying the fence is under coverage "B", Other Structures. I am arguing the fence should fall under coverage "A", Dwelling because it was attached to the house on both sides.... Read more »

Neil Anapol
Neil Anapol
answered on Oct 10, 2022

Fences are always considered to be other structures. I don't know of any California cases that hold differently, and I suspect that the Texas case you cited has some unusual nuance to it that led to that result. Given that this fire occurred over five years ago, its hard to see how you could... Read more »

Q: Are inspection warrants rqd. to contain the same elements as criminal warrants , ie., Seal, clrk stamp, 2b legal?

An inspection warrant was served upon my property. The probable cause was was due to noise complaints, per fire marshal. No evidence of existing health or safety violations, or noise citations. Accused of selling alcohol, w/out evidence. Warrant looked incomplete, no Seal, no clerk stamp, and... Read more »

Louis George Fazzi
Louis George Fazzi
answered on Oct 7, 2022

You will need a lawyer with experience in dealing with code enforcement issues with local governments.

Inspection warrants need to be issued by a judge on a showing of some probable cause to issue the warrant. You should have been given a copy of the warrant, which you can give to whatever...
Read more »

1 Answer | Asked in Gov & Administrative Law for California on
Q: Is it the job of the CA AG to review proposed laws for state and federal constitutionality? Or does he have no say so?

https://www.zerohedge.com/news/2022-10-01/newsom-attempts-void-1st-amendment

Shouldn't the CA AG have stepped in before this law was passed?

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Oct 4, 2022

The attorney general at times defends unconstitutional laws. For example, if a person sues the state of California to prohibit some implementation of the law based upon a claim for unconstitutionality, the attorney general may defend that law against a constitutional attack.

1 Answer | Asked in Gov & Administrative Law for California on
Q: My husband has been going through social security for 10 years trying to get Social Security disability and my entitled

My husband is getting a lump sum from Social Security back pay am I entitled to any of it if we divorce

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Oct 4, 2022

For disability, no it would not. See In re Marriage of Peterson (2016). Federal law preempts state law, and federal law provides that social security disability is considered to be separate property.

Q: After filing writ of mandate with trial court, what do I file to get a court date?

I filed a petition, verification, and memo of points and authorities. They responded and I filed a response as well. How do I get a court date now? The court is telling me I need to file something else but will not tell me what. This is for a writ of mandate challenging a city's actions during... Read more »

Louis George Fazzi
Louis George Fazzi
answered on Sep 28, 2022

Without knowing a lot more information, it would be very difficult for me to answer your question.

My experience is that when the court tells you to file an additional document, they usually tell you exactly what they want. So if you received some kind of notice from the court, I urge you...
Read more »

1 Answer | Asked in Appeals / Appellate Law, Election Law and Gov & Administrative Law for California on
Q: Is there an example from California state La superior court to appeal to change my biased judge and continue trial soon

Is there an example from Ca state La superior court to appeal to change my biased judge and continue trial immediately? My current trial was wrongly decided as a mistrial when defendants attorney (all white ppl) pressured the judge (female Asian like me, my legal team are all Asian), after first... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Sep 23, 2022

You can put in a motion for a new trial and base it on those grounds.

1 Answer | Asked in Banking, Gov & Administrative Law and Public Benefits for California on
Q: Can the government (EDD) garnish federal student loan money, if it's my only source of income?

I know the government can garnish your bank account or paycheck, but what if your only source of income *is* the government (e.g. unemployment, welfare, federal student loans)?

Can/do they still garnish the funds?

James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

A loan is not income. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Appeals / Appellate Law and Gov & Administrative Law for California on
Q: Can I appeal test results for the psi exams firearms assessment.

Is there a way to appeal test results with an in-person exam?

James R. Dickinson
James R. Dickinson
answered on Sep 21, 2022

More information is needed. Speak with a gun rights attorney near you. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Federal Crimes, Gov & Administrative Law and Wrongful Death for California on
Q: What to do when you have just found out you have only 4 months to file a big and maybe federal wrongful death suit?

My husband died, Navy, training accident. 2004. Found out about 10 years later, it was a lot worse than I was told. I wasn’t sure where to go to get help and I want sure of the statutes etc. I ended up finding out that our daughter can still file. Because she was so little when it happened, she... Read more »

William John Light
William John Light
answered on Sep 19, 2022

Find an attorney familiar with the Federal Tort Claims Act. Every case is different. How much someone else may gotten has no relevance to your daughter's claim.

1 Answer | Asked in Traffic Tickets, Car Accidents and Gov & Administrative Law for California on
Q: What form do I need to file with the courts, to stop the sale of my work truck? Change: Driving on a suspended license!

I am self-employed. On my way to work, I was pulled over for having expired tags by the Claremont ( California) Police Department. My license was suspended by the DMV, for medical reasons. What form do I need to file with the Pomona Court, to allow me more time to finish this process? Work truck... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Sep 12, 2022

YOU SHOULD RETAIN A LOCAL CRIMINAL LAWYER ASAP..........S/HE MAY SUGGEST YOU TAKE CARE OF THE EXPIRE TAGS AND SET IF YOUR MED CONDITION HAS CHANGED SO THAT YOU CAN APPLY FOR A NEW LICENSE.

YOU DON'T HAVE A VALID LICENSE, AND THE MEDICAL CONDITIONS MAY PREVENT YOU FROM GETTING ONE....
Read more »

1 Answer | Asked in Employment Law, Appeals / Appellate Law and Gov & Administrative Law for California on
Q: If the available record cannot prove I did anything wrong, is it enough to prove my boss was wrong to fire me?

I was punished and fired because I was alleged for some wrongdoing. This case is under judicial review now.

My questions are:

1, Do I need to prove that I was innocent? Or I just need to point out that the available evidence in the administrative record cannot establish that I did... Read more »

Neil Pedersen
Neil Pedersen
answered on Aug 15, 2022

I am sorry but your question cannot be answered without more that needs to be known. You talk about an administrative record that suggests you may have been a government employee and you are going through a trial following administrative proceedings related to your termination, but there are other... Read more »

1 Answer | Asked in Gov & Administrative Law, Employment Law and Appeals / Appellate Law for California on
Q: Can I Email a judge? Or how do I contact the judge who presided over a hearing?

He is a Admin. Law Judge.

The hearing was done remotely, and I have no idea how to ask for further review

my appeal was granted, but compliance has not been what was ordered. There are a few other concerns I need him to be aware of. I've tried all other ways to resolve the... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 26, 2022

A California attorney could advise best, but your question remains open for four weeks. As a general rule nationwide, judges do not usually communicate with one side in the absence of the other (covered in rules on ex parte communications). One option is to reach out to a California attorney in the... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation and Gov & Administrative Law for California on
Q: amount awarded for attorneys fees under inverse condemnation

“Attorneys fees for inverse condemnation” was awarded based on real and personal property. Should attorney be including this portion of the award on what their contingency fee is calculated on? As it was awarded to help pay the attorneys to begin with, it seems it should not be included in the... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Jun 22, 2022

everything is determined/controlled by your retainer agreement.

for 50 years, mine has said ANY MONEY COLLECTED, which could include Property Damage. However, I do not take any of that, even when we work hard to obtain same.

1 Answer | Asked in Employment Law and Gov & Administrative Law for California on
Q: Fulltime employee not classified as safety, or vested, then medically terminated without a pension. Fair?

Very simple, State of California employees injured on the job, not vested or classified as safety, get medically terminated without a disability pension. This appears to be a equal protection violation.

Neil Pedersen
Neil Pedersen
answered on Jun 8, 2022

The Equal Protection Doctrine is far more complicated than you might expect. While there is not enough in your post to determine if anything unlawful has occurred, I suspect you are going to find that the state had the lawful right to medically terminate you without a disability pension. The... Read more »

1 Answer | Asked in Antitrust, Business Formation, Employment Law and Gov & Administrative Law for California on
Q: Can I Email a judge? Or how do I contact the judge who presided over a hearing? He is a Admin. Law Judge.

The hearing was done remotely, and I have no idea how to ask for further review

my appeal was granted, but compliance has not been what was ordered. There are a few other concerns I need him to be aware of. I've tried all other ways to resolve the issues, but nothing is working. I feel... Read more »

Neil Pedersen
Neil Pedersen
answered on Jun 3, 2022

It is NEVER proper to directly communicate with a judge by email or any other form of communication. You need to get an attorney involved before you really get yourself in trouble.

Good luck to you.

1 Answer | Asked in Employment Law, Gov & Administrative Law and Public Benefits for California on
Q: can you be denied from asking to speak with a supervisor or manager if following the chain of command?
Maya L. Serkova
Maya L. Serkova
answered on May 24, 2022

The short answer: Yes, you can be denied. However, your post does not disclose the facts why you need to speak to the supervisor. For example, if you need to relate a discrimination complaint based on your membership in a protected class or retaliation for engagement in protected activity, then the... Read more »

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